Terms & Conditions
<h2><strong>Introduction</strong></h2>
<p>These Terms and Conditions govern your use of the <a href="http://budget.virtualwavemedia.com/">http://budget.virtualwavemedia.com/... website (the “Website”); by using the Website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any provision contained herein, you must not use the Website. </p>
<p>You must be at least 19 years of age to use the Website. By using the Website, and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 19 years of age.</p>
<p>The Website uses cookies. By using the Website and agreeing to these Terms and Conditions, you consent to YOUR BUDGET PLAN’S use of cookies in accordance with the terms of YOUR BUDGET PLAN’S Privacy Policy / cookies policy.</p>
<h2><strong>Scope of service</strong></h2>
<p>YOUR BUDGET PLAN is a company that has developed its own software based platform to allow users to provide financial information relating to their income, spending, credit, and other relevant financial data (collectively “Financial Information”) and uses the Financial Information to allow users to chart, track, and plan their income and expenditures and create a budget to aid users to reach their financial goals (the “Service”). </p>
<p>YOUR BUDGET PLAN is not a chartered accountant, financial planner, or other type of licensed financial professional. The Service is offered solely as an assistive tool, and is not offered as financial advice, nor is it meant to replace any advice from a licensed financial professional.</p>
<h2><strong>License to use website</strong></h2>
<p>Unless otherwise stated, YOUR BUDGET PLAN and/or its licensors own all proprietary rights in the Website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. Subject to the license below, all such intellectual property rights are retained for the exclusive use of YOUR BUDGET PLAN.</p>
<p>YOUR BUDGET PLAN may grant you a revocable license to view, download for caching purposes only, and print pages or other content, as applicable, from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. </p>
<p>You agree that you will not:</p>
<ol>
<li>republish material from the Website (including republication on another website);</li>
<li>sell, rent or sub-license material from the Website;</li>
<li>show any material from the Website in public;</li>
<li>reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;</li>
<li>edit or otherwise modify any material on the Website; or</li>
<li>redistribute material from the Website.</li>
</ol>
<h2><strong>Collection of information</strong></h2>
<p>YOUR BUDGET PLAN will collect numerous forms of financial information from you comprising the Financial Information, which may include:</p>
<ol>
<li>details of your savings, credit liabilities, and other current financial information;</li>
<li>spending and saving history;</li>
<li>financial goals; and</li>
<li>any other relevant financial or personal information relating to you.</li>
</ol>
<p>It is important to note that you are under no obligation to provide such information. However, YOUR BUDGET PLAN only requests such information for the purposes of facilitating the Service, and the results that you achieve from the use of the Website may be contingent on providing accurate and complete information.</p>
<p>Under no circumstances will YOUR BUDGET PLAN share your information with any third party unless expressly required in the performance of the Service, as otherwise required by law or in case of settling a dispute with you or in a court of law to defend or enforce YOUR BUDGET PLAN’s legal rights.</p>
<p>YOUR BUDGET PLAN will not examine or audit the validity or accuracy of the Financial Information.</p>
<p>YOUR BUDGET PLAN may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by you. Without derogating from the above, YOUR BUDGET PLAN may remove any content violating these Terms and Conditions.</p>
<h2><strong>User responsibilities</strong></h2>
<p>You warrant and declare that while using the Website, you will act according to the rules as YOUR BUDGET PLAN may reasonably put in place, and agree to the following:</p>
<ol>
<li>you will be solely and fully liable for all Financial Information submitted under your user ID and password;</li>
<li>you will report any violation of these Terms and Conditions to info@yourbudgetplan.com</li>
</ol>
<p><strong>Permitted use</strong></p>
<p>You agree that you will not use the Website:</p>
<ol>
<li>in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;</li>
<li>in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;</li>
<li>to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;</li>
<li>to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without YOUR BUDGET PLAN’S express written consent;</li>
<li>to transmit or send unsolicited commercial communications;</li>
<li>to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such network;</li>
<li>to attempt to gain unauthorized access to the Website whether through password mining or any other means;</li>
<li>to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or</li>
<li>for any purposes related to marketing without YOUR BUDGET PLAN’S express written consent.</li>
</ol>
<h2><strong>User ID and password</strong></h2>
<p>If YOUR BUDGET PLAN provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that such user ID and password are kept confidential. </p>
<p>You further agree not to use the user ID and password of another individual at any time. You agree to immediately notify YOUR BUDGET PLAN of any unauthorized use of your user ID and password, email, or any other breach of security. YOUR BUDGET PLAN encourages users to change their password at least once per month.</p>
<p>YOUR BUDGET PLAN will not be liable for any loss incurred by you as a result of any breach of user ID or password security.</p>
<p>You agree to indemnify YOUR BUDGET PLAN for any loss incurred by YOUR BUDGET PLAN for any breach of user ID or password security.</p>
<p>YOUR BUDGET PLAN may disable your user ID and password in YOUR BUDGET PLAN’S sole discretion without notice or explanation.</p>
<h2><strong>Confidentiality</strong></h2>
<p>YOUR BUDGET PLAN is committed to protecting your privacy, and will process any information received from you in accordance with YOUR BUDGET PLAN’S Privacy Policy. By using the Website, you agree to the manner and form in which YOUR BUDGET PLAN processes and deals with your personal information.</p>
<p>All information submitted by you in the course of using the Website, including your name, password, address, financial information, will be kept strictly confidential and will only be disclosed to such parties as are required to provide the Service. All information submitted by you will be stored on YOUR BUDGET PLAN’S secure servers, and subject to these Terms and Conditions, will be safeguarded and will not be shared with any third-parties unless required in the provision of the Service.</p>
<h2><strong>Third party links</strong></h2>
<p>YOUR BUDGET PLAN may provide links on the Website to the websites of third-parties. These websites are owned and operated by third-parties over whom YOUR BUDGET PLAN does not have control. YOUR BUDGET PLAN has not reviewed all of the sites linked on the Website and accepts no responsibility for the contents of third-party websites. The inclusion of any link does not imply endorsement by YOUR BUDGET PLAN of such website. Use of any such linked website is at your own risk. Any links to third-party websites are provided for your interest and convenience only. YOUR BUDGET PLAN is not responsible or liable for any loss or damage you may suffer or incur in connection with the use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.</p>
<h2><strong>User content</strong></h2>
<p>In these Terms and Conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.</p>
<p>YOUR BUDGET PLAN will not reproduce, publish, or distribute your user content in any existing or future media without your consent, other than as may be required from time to time in its performance of Service.</p>
<p>You agree not to submit any user content to the Website that is illegal or unlawful, or infringes on any third party's legal rights, or capable of giving rise to legal action whether against you or YOUR BUDGET PLAN or a third party (in each case under any applicable law). </p>
<p>You agree not to submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.</p>
<p>YOUR BUDGET PLAN reserves the right to edit or remove any material submitted to the Website, or stored on YOUR BUDGET PLAN’S servers, or hosted or published upon the Website.</p>
<p>Notwithstanding YOUR BUDGET PLAN’S rights under these Terms and Conditions in relation to user content, YOUR BUDGET PLAN does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.</p>
<h2><strong>No warranties</strong></h2>
<p>The Website is provided “as is” without any representations or warranties, express or implied. YOUR BUDGET PLAN makes no representations or warranties in relation to the Website or the information and materials provided on the Website. </p>
<p>Without prejudice to the generality of the foregoing paragraph, YOUR BUDGET PLAN does not warrant that:</p>
<ol>
<li>the Website will be constantly available, or available at all;</li>
<li>the Website will meet your requirements;</li>
<li>the quality or reliability of the Website will meet your expectations; </li>
<li>the information on the Website is complete, true, accurate or non-misleading; or</li>
<li>the Website will in fact be beneficial to your overall financial situation.</li>
</ol>
<p>Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any financial or legal matter you should consult an appropriate professional.</p>
<h2><strong>Limitations of liability</strong></h2>
<p>You agree that any use of the Website will be at your own and sole risk, and that you will be solely responsible for any loss or damage to you in connection with such actions, including, without limiting the foregoing, any direct loss, any indirect, special or consequential loss, or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.</p>
<p>These limitations of liability apply even if YOUR BUDGET PLAN has been expressly advised of the potential loss.</p>
<p>You agree that YOUR BUDGET PLAN will not be liable for any failure or delay in performing under these Terms and Conditions where such failure or delay is due to causes beyond YOUR BUDGET PLAN’S reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.</p>
<h2><strong>Reasonableness</strong></h2>
<p>You acknowledge and agree that the disclaimers of warranties and limitations of liability above are an agreed upon allocation of risk between you and YOUR BUDGET PLAN. You further acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Website, and that such provisions are reasonable and fair.</p>
<h2><strong>Indemnity</strong></h2>
<p>You agree to defend, indemnify and hold YOUR BUDGET PLAN, and any of its subsidiaries, parents, affiliates, and each of YOUR BUDGET PLAN and any subsidiaries’ directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and Conditions and/or any of the representations and warranties set forth above.</p>
<p><strong>Term and termination</strong></p>
<p>This agreement will remain in full force and effect while you use the Website and/or continue to have a user ID.</p>
<p>You acknowledge and agree that YOUR BUDGET PLAN, at its sole discretion, may terminate your access to the Website for any reason, including, without limitation, your breach of these Terms and Conditions. You understand and agree that YOUR BUDGET PLAN is not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Website. </p>
<p>You acknowledge and agree that any termination of your access to the Website may be effected without prior notice, and further acknowledge and agree that YOUR BUDGET PLAN may immediately deactivate or delete your user ID and bar any further access to the Website. </p>
<p>You acknowledge and agree that YOUR BUDGET PLAN will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Website, and that upon termination, your information may be deleted or kept as necessary.</p>
<h2><strong>Payment</strong></h2>
<p>YOUR BUDGET PLAN will use reasonable efforts to process any payment made by you in accordance with the terms agreed upon.</p>
<p>YOUR BUDGET PLAN’S billing system is not fault free or flexible, as such you agree to release YOUR BUDGET PLAN from any liability resulting from any problems, miscalculations or malfunctions in processing any payments made by you.</p>
<p>If you believe that a mistake with regard to any payment has occurred, you may send your complaint to info@yourbudgetplan.com and YOUR BUDGET PLAN will make reasonable efforts to resolve such complaint.</p>
<h2><strong>Arbitration</strong></h2>
<p>You agree that any claim or dispute related to the use of the Website, and the performance of the Service, including the provision of financial budgeting assistive services, and including the validity of this arbitration clause, shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgement in any court of competent jurisdiction.</p>
<h2><strong>Promotion</strong></h2>
<p>A promotion advertised on the Website is subject to availability and is not an indication of availability. YOUR BUDGET PLAN reserves the right to amend, modify, extend or cancel any promotion without advance notice to the public.</p>
<h2><strong>Feedback</strong></h2>
<p>If you provide YOUR BUDGET PLAN with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to YOUR BUDGET PLAN all rights in such Feedback and agrees that YOUR BUDGET PLAN shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. </p>
<p>YOUR BUDGET PLAN will treat any Feedback as non-confidential and non-proprietary, and you agree not to submit as Feedback any information or ideas that you consider to be confidential or proprietary.</p>
<p><strong>Breaches of these terms and conditions</strong></p>
<p>Without prejudice to YOUR BUDGET PLAN’S other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, YOUR BUDGET PLAN may take such action as YOUR BUDGET PLAN deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.</p>
<h2><strong>Relationship</strong></h2>
<p>Nothing in these Terms and Conditions shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.</p>
<h2><strong>Variation</strong></h2>
<p>YOUR BUDGET PLAN may revise these Terms and Conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.</p>
<h2><strong>Enurement</strong></h2>
<p>These Terms and Conditions will be binding and will enure to the benefit of the legal representatives, successors and assigns of the parties hereto.</p>
<h2><strong>Assignment</strong></h2>
<p>YOUR BUDGET PLAN may transfer, sub-contract or otherwise deal with YOUR BUDGET PLAN’S rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.</p>
<p>You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions. </p>
<h2><strong>Severability</strong></h2>
<p>If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. </p>
<h2><strong>Entire agreement</strong></h2>
<p>These Terms and Conditions, constitute the entire agreement between you and YOUR BUDGET PLAN in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.</p>
<h2><strong>Headings</strong></h2>
<p>The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.</p>
<h2><strong>Law and jurisdiction</strong></h2>
<p>These Terms and Conditions will be governed by and construed in accordance with the laws of the province of British Columbia, Canada and any legal proceeding arising out this Agreement will occur exclusively in the courts located in British Columbia. </p>
<h2><strong>Contact</strong></h2>
<p>If you have any questions or concerns about these Terms and Conditions, you may contact YOUR BUDGET PLAN at info@yourbudgetplan.com</p>
<h2><strong>Credit</strong></h2>
<p>This document was created using a Contractology template available at <a href="http://www.freenetlaw.com/">http://www.freenetlaw.com</a>.</p>